Nunkuwarrin Yunti of South Australia Inc.

[2019] FWCA 4887

[2019] FWCA 4887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nunkuwarrin Yunti of South Australia Inc.
(AG2019/1187)

NUNKUWARRIN YUNTI OF SOUTH AUSTRALIA INC MEDICAL OFFICER ENTERPRISE AGREEMENT 2018

Indigenous organisations and services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 JULY 2019

Application for approval of the Nunkuwarrin Yunti of South Australia Inc Medical Officer Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Nunkuwarrin Yunti of South Australia Inc Medical Officer Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Nunkuwarrin Yunti of South Australia Inc. (Employer). The Agreement is a single enterprise agreement.

[2] The notification time for the Agreement as defined in s.173(2) of the Act was 9 June 2017. Sections 173(1) and (3) of the Act require an Employer take all reasonable steps to give notice of the right to be represented by a bargaining representative as soon as practicable, and not later than 14 days after the notification time for the Agreement. Not all employees received a copy of the notice within 14 days, as required by s.173(3) of the Act. However, the Employer emailed a copy of the notice to all of its employees within 18 days of notification time, and reissued the notice a second time in what was an extensive bargaining period.

[3] In the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement lodged contained an administrative error at clause 27.10. On 5 July 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] The Australian Salaried Medical Officers Federation, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Annexure A

 1   [2019] FWCFB 318.

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